Mayflower District Court
#wh_lls-v-selth3d
This is the start of #wh_lls-v-selth3d channel.
acerxtro 2024-09-29 02:52 a.m. CASE INFORMATION**
IN THE MAYFLOWER DISTRICT COURT FOR CLARK COUNTY
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wh_lls v. Selth3D
Trial Type: Civil
Judge Assigned: Judge Username - Courtroom 000
Complaint Attached: Complaint Link
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UPCOMING COURT DATES
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Complaint -- wh_lls
De...
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Complaint -- wh_lls
De...
Comments
3Labels
Civilacerxtro pinned a message to this channel.2025-03-15 10:10 p.m.
acerxtro 2024-09-29 02:55 a.m.@sdwf Are you present?
acerxtro
sdwf 2024-09-29 07:46 a.m.
yes hello
acerxtro 2024-09-30 01:01 a.m.@š✰ Has the defendant been served yet?
š✰ 2024-10-01 01:15 p.m.@acerxtro Not yet, no. Will draft summons tomorrow
š✰ 2024-10-02 01:23 p.m.
acerxtro 2024-10-02 05:01 p.m.
Wonderful
acerxtro 2024-10-05 11:31 a.m.@SethMad
acerxtro 2024-10-05 11:31 a.m.
Do you have an attorney?
acerxtroš✰ 2024-10-05 12:06 p.m.
Wrong don
š✰ 2024-10-05 12:06 p.m.@Deleted User
š✰ 2024-10-05 12:06 p.m.
^
acerxtroDo you have an attorney?
acerxtro 2024-10-06 04:13 p.m.@Deleted User
š✰acerxtro 2024-10-06 10:16 p.m.
This is not adequate. 5 more days will be given from when the defendant was pinged in this channel.
acerxtro 2024-10-06 10:16 p.m.
The defendant did not receive your message.
š✰ 2024-10-06 10:17 p.m. 
acerxtroThis is not adequate. 5 more days will be given from when the defendant was pinged in this channel.
š✰ 2024-10-06 10:17 p.m.
^
š✰Click to see attachment.
acerxtro 2024-10-06 10:18 p.m.
5d days starting from 10/4 (due on 10/9)
sdwf 2024-10-09 01:08 p.m.
Hey guys
Deleted User 2024-10-09 03:42 p.m.@acerxtro The Firm I've chosen to represent me has gone inactive for unknown reasons, only person I got in contact with was their Paralegal which also failed to contact my attorney so I'll need two days to figure out who will represent me, can this be allowed?
Deleted Useracerxtro 2024-10-09 03:43 p.m.
You have 2 days.
š✰ 2024-10-10 10:35 p.m.@acerxtro @Deleted User
š✰Deleted User 2024-10-10 11:52 p.m. 
Deleted User 2024-10-11 03:12 p.m.
Currently busy with just packing/travelling
Deleted UserCurrently busy with just packing/travelling
acerxtro 2024-10-11 06:59 p.m.
Is this why you haven't found an attorney?
acerxtroIs this why you haven't found an attorney?
Deleted User 2024-10-11 09:40 p.m.
Correct.
Deleted User 2024-10-11 09:40 p.m.
I can now do it.
Deleted User 2024-10-11 09:40 p.m.
Let me go find one.
Deleted Useracerxtro 2024-10-11 11:56 p.m.
Who was your previous lawyer?
acerxtro 2024-10-11 11:56 p.m.
The bar certified attorney.
Deleted User 2024-10-12 12:03 a.m.
It was a paralegal that was advising me and deciding to try to confirmm me with the attorney can work with me, he was working with me and then let me know that apparently they cant get him to take any cases
š✰ 2024-10-12 06:27 p.m.@acerxtro Ruling on default?
acerxtro 2024-10-12 06:27 p.m.
Default will be entered
acerxtroDefault will be entered
š✰ 2024-10-13 08:46 p.m.
Lovely, when will your ruling be posted?
acerxtro 2024-10-13 09:04 p.m.
Sometime soon
acerxtro 2024-10-15 02:06 a.m.
acerxtro 2024-10-16 11:44 a.m.
Good
acerxtro 2024-10-16 11:45 a.m.
Re-serve defendant @š✰
acerxtroRe-serve defendant @š✰
š✰ 2024-10-16 11:56 a.m.
His DMs are off, not able to
acerxtro 2024-10-16 12:36 p.m.@Evexom will serve him
acerxtro
acerxtro 2024-10-18 03:31 p.m.@capsulesalesman Added for the defense
Notableants 2024-10-18 03:38 p.m.@acerxtro I'm confused...
acerxtroDefault will be entered
Notableants 2024-10-18 03:38 p.m.
Was default entered before my client was served?
acerxtro 2024-10-18 03:47 p.m.
No, the entering of default was retracted
Evexomacerxtro 2024-10-18 03:48 p.m.
Your client was served here.
acerxtro 2024-10-18 03:48 p.m.
The previous servicing of the defendant was not done correctly
Notableants 2024-10-18 04:53 p.m.@acerxtro
I inform this Court that the parties intend to submit a consent judgment within the coming days. Mr.@š✰ has offered my client the opportunity to settle this matter in return for an admission of liability and $17,500. My client, of course, has accepted.(edited)
I inform this Court that the parties intend to submit a consent judgment within the coming days. Mr.
acerxtro 2024-10-18 04:59 p.m.
Wonderful, I look forward to seeing it
acerxtroWonderful, I look forward to seeing it
Notableants 2024-10-18 05:08 p.m.
acerxtroWonderful, I look forward to seeing it
š✰ 2024-10-22 09:05 a.m.
Agreement is retracted.
Notableants 2024-10-22 12:23 p.m.
Your Honor, my client moves for sanctions against opposing counsel for acting in a manner that is unbecoming of an attorney. On October 18, 2024, Mr. Sawyeriez approached my client with an offer to settle all claims in return for an admission of liability and a $17,500 lump sum payment. My client unconditionally accepted, and days later, without justification or legal right, Mr. Sawyeriez "retracted" the offer.
While Mayflower has yet to adopt a common law theory of what constitutes a valid contract, one existed between the Plaintiff and the Defendant no matter what jurisdiction's rule of law is applied.
"A contract, to be valid, must contain offer, acceptance, and consideration; to be enforceable, the agreement must also be sufficiently definite so that its terms are reasonably certain and able to be determined." Halloran v. Dickerson, 287 Ill. App. 3d 857, 867–68, 679 N.E.2d 774, 782 (1997) (citing Ogle v. Hotto, 273 Ill. App. 3d 313, 319, 652 N.E.2d 815, 819 (1995)).
In this case, Mr. Sawyeriez's offer constituted a clear proposal of settlement, with terms that were sufficiently definite: an admission of liability and a lump sum payment of $17,500. My client accepted this offer unconditionally, thereby meeting the second element of a valid contract—acceptance. The consideration, or the agreed-upon exchange, was evident in the admission of liability and payment by the Defendant in exchange for the Plaintiff's dismissal of claims.
Indeed, Mr. Sawyeriez recognizes that his offer has grown to become more than just that. This morning, on the record, he called it an "[a]greeement."
Mr. Sawyeriez's deceitful conduct throughout settlement negotiations has unnecessarily delayed this case and caused my client to incur substantial legal fees. For those reasons, I request this Court impose sanctions.(edited)
While Mayflower has yet to adopt a common law theory of what constitutes a valid contract, one existed between the Plaintiff and the Defendant no matter what jurisdiction's rule of law is applied.
"A contract, to be valid, must contain offer, acceptance, and consideration; to be enforceable, the agreement must also be sufficiently definite so that its terms are reasonably certain and able to be determined." Halloran v. Dickerson, 287 Ill. App. 3d 857, 867–68, 679 N.E.2d 774, 782 (1997) (citing Ogle v. Hotto, 273 Ill. App. 3d 313, 319, 652 N.E.2d 815, 819 (1995)).
In this case, Mr. Sawyeriez's offer constituted a clear proposal of settlement, with terms that were sufficiently definite: an admission of liability and a lump sum payment of $17,500. My client accepted this offer unconditionally, thereby meeting the second element of a valid contract—acceptance. The consideration, or the agreed-upon exchange, was evident in the admission of liability and payment by the Defendant in exchange for the Plaintiff's dismissal of claims.
Indeed, Mr. Sawyeriez recognizes that his offer has grown to become more than just that. This morning, on the record, he called it an "[a]greeement."
Mr. Sawyeriez's deceitful conduct throughout settlement negotiations has unnecessarily delayed this case and caused my client to incur substantial legal fees. For those reasons, I request this Court impose sanctions.(edited)
Notableants 2024-10-22 12:24 p.m.
Because of the nature of the evidence supporting this motion, I believe an in camera review of it would be best.(edited)
Notableants 2024-10-22 12:24 p.m.@acerxtro
Notableants 2024-10-22 12:24 p.m.@š✰
Notableants 2024-10-22 01:15 p.m.@acerxtro I request an extension of the filing of a response pending the outcome of my previous motion. This Court's finding of fact will significantly impact the arguments presented.
EvexomNotableants 2024-10-22 01:21 p.m.
Actually, I don't see a deadline for the response anyway. The Summons was never provided to my client here. It is improper to tell my client to search the record for "all relevant information" and consider that valid service.
acerxtro 2024-10-22 03:57 p.m.@š✰ Responses
Notableants 2024-10-23 06:26 p.m.@acerxtro what is deadline for response
Notableantsacerxtro 2024-10-23 07:17 p.m.
2 days
acerxtro2 days
Notableants 2024-10-23 07:24 p.m.
from yesterday at 2:57 pm yea?
acerxtroacerxtro 2024-10-23 07:31 p.m.
From here
acerxtro 2024-10-23 07:31 p.m.@š✰
acerxtroš✰ 2024-10-23 08:47 p.m.
No response
š✰No response
acerxtro 2024-10-23 08:48 p.m.
Ok well I am compelling you to respond so this court knows what to do
acerxtro 2024-10-23 08:48 p.m.
What happened with the settlement
acerxtro 2024-10-23 08:49 p.m.
or whatever wording you 2 used
acerxtroWhat happened with the settlement
š✰ 2024-10-23 08:49 p.m.
Simple, Plaintiff withdrew from the settlement agreement. Thus continuing trial
š✰ 2024-10-23 08:49 p.m.
Défense disagrees with the Plaintiff withdrawing from the settlement
Notableants 2024-10-23 08:52 p.m.
Using what legal principle are you attempting to renege on our clients' valid contract?(edited)
Notableants 2024-10-23 08:52 p.m.@š✰
š✰Simple, Plaintiff withdrew from the settlement agreement. Thus continuing trial
acerxtro 2024-10-24 02:37 p.m.
How far did both of you get
acerxtro 2024-10-24 02:37 p.m.
Was the contract finished
acerxtroWas the contract finished
š✰ 2024-10-24 03:01 p.m.
No
acerxtroWas the contract finished
Notableants 2024-10-26 12:34 a.m.
What do you mean by "finished?" Whether or not the contract was written on paper has zero legal relevance.
Notableants 2024-10-26 12:34 a.m.
Anyway -- the deadline for a response has come and went
Notableants 2024-10-26 12:35 a.m.
when can we expect a ruling @acerxtro ?
NotableantsWhat do you mean by "finished?" Whether or not the contract was written on paper has zero legal relevance.
acerxtro 2024-10-26 07:57 a.m.
It does have relevance
acerxtro 2024-10-26 07:57 a.m.
Was the contract written up on paper or was it verbal @capsulesalesman @š✰
acerxtroWas the contract written up on paper or was it verbal @capsulesalesman @š✰
Notableants 2024-10-26 11:47 a.m.
Verbal
acerxtroIt does have relevance
Notableants 2024-10-26 11:48 a.m.
I’ve already laid out the only factors that have relevance to whether or not a contract exists and is enforceable
NotableantsVerbal
acerxtro 2024-10-26 02:21 p.m.
Can you show the messages
acerxtroCan you show the messages
Notableants 2024-10-26 02:25 p.m. 
acerxtro 2024-10-26 02:26 p.m.
What was said before “Liability, 17.5k”
Notableants 2024-10-26 02:26 p.m.
I’m really not sure what the hold up is. There is no factual disagreement as to the fact that an “agreement” existed (quoting what the plaintiff’s counsel called it on the record). The only question that should be asked is whether the plaintiff has legal right to breach said agreement.
acerxtroWhat was said before “Liability, 17.5k”
Notableants 2024-10-26 02:27 p.m.
We asked if they can offer a settlement agreement given the circumstances
Notableants 2024-10-26 02:28 p.m. 
acerxtro 2024-10-26 02:29 p.m.
This is from a group chat intended for the sole use of the consent judgement, correct?
Notableants 2024-10-26 02:30 p.m.
yea
acerxtro 2024-10-26 02:30 p.m.
Ok
acerxtro 2024-10-26 02:31 p.m.
And you are moving to sanction the other attorney for withdrawing, as well as motioning for default for a lack of a response to the CC?
Notableants 2024-10-26 02:31 p.m.
wait why would I motion for default what
Notableants 2024-10-26 02:32 p.m.
I'm looking to sanction opposing counsel for negotiating in bad faith, resulting in delays to the legal process and an unnecessary financial burden on my client
Notableants 2024-10-26 02:33 p.m.
Further, I will be using the findings of this court in its ruling on my motion for sanctions to prove an affirmative defense to the complaint(edited)
Notableantswait why would I motion for default what
acerxtro 2024-10-26 02:34 p.m.
Ok Saw is doing this
NotableantsI'm looking to sanction opposing counsel for negotiating in bad faith, resulting in delays to the legal process and an unnecessary financial burden on my client
acerxtro 2024-10-26 02:35 p.m.
Can you provide a full transcription of the group chat used to discuss the consent judgement
acerxtroOk Saw is doing this
Notableants 2024-10-26 02:36 p.m.
There was never proper service so he can't but okay, not to mention the pending motion to elongate the deadline(edited)
acerxtroCan you provide a full transcription of the group chat used to discuss the consent judgement
Notableants 2024-10-26 02:36 p.m.
No
NotableantsNo
acerxtro 2024-10-26 02:37 p.m.
Ok then I am not granting your request for sanctions on the plaintiff’s counsel
acerxtroOk then I am not granting your request for sanctions on the plaintiff’s counsel
Notableants 2024-10-26 02:37 p.m.
For what reason
acerxtro 2024-10-26 02:37 p.m.
What is your reason for refusing to provide a transcript
Notableants 2024-10-26 02:38 p.m.
The only evidence this court has indicates the presence of a contract. The plaintiff has not contested that fact(edited)
Notableants 2024-10-26 02:39 p.m.
Not every message in the transcript you want is relevant to this motion. It would needlessly expose private information of my client to the public record
acerxtro 2024-10-26 02:39 p.m.
You’ve already exposed private information of your client to the other attorney, no?
Notableants 2024-10-26 02:40 p.m.
That's far different than to the public record
Notableants 2024-10-26 02:40 p.m.
, no?
acerxtro 2024-10-26 02:41 p.m.
From the snippets posted above, all that I’m seeing is Mr. Sawyeriez accepting to draft a consent judgment, and saying he would write one up, and then retracting his offer to do such
Notableants 2024-10-26 02:41 p.m.
Why are you being so contentious on such a simple motion
acerxtro 2024-10-26 02:41 p.m.
Are you saying this is a contract
Notableants 2024-10-26 02:41 p.m.
Okay then rule with that being the reasoning, because you are dead wrong in your interpretation
Notableants 2024-10-26 02:41 p.m.
SCOM would love a new case
Notableants 2024-10-26 02:42 p.m.
As has been pointed out to you by the legal community already, there is case law on this exact scenario
Notableants 2024-10-26 02:42 p.m.
It doesn't matter if the settlement agreement never made it to paper
NotableantsYour Honor, my client moves for sanctions against opposing counsel for acting in a manner that is unbecoming of an attorney. On October 18, 2024, Mr. Sawyeriez approached my client...(edited)
Notableants 2024-10-26 02:43 p.m.
Which of the prongs I mentioned in my original motion remain unsatisfied?
acerxtro 2024-10-26 02:44 p.m.
Your job as an attorney right now is to answer the questions I ask you and to provide sufficient arguments and reasoning as to why I should accept your motion.
If I don’t grant your motion because of you conceding and refusing to answer anything further, that is on you. The Supreme Court isn’t your 2nd chance at arguing your cases and motions, it’s a place to fix errors and mistakes.
If I don’t grant your motion because of you conceding and refusing to answer anything further, that is on you. The Supreme Court isn’t your 2nd chance at arguing your cases and motions, it’s a place to fix errors and mistakes.
Notableants 2024-10-26 02:45 p.m.
What have I refused to answer and/or argue?
acerxtro 2024-10-26 02:45 p.m.
Submit your motion on paper in accordance with the rules of procedures and I’ll write a ruling on what you’ve provided me there.
Notableants 2024-10-26 02:46 p.m.
Quite interesting that you have just conducted oral argument on the motion but now that you have been outsmarted you see it fit not to consider it properly filed
Notableants 2024-10-26 02:46 p.m.
Outsmarted by perhaps the greatest legal mind in Mayflower
acerxtro 2024-10-26 02:47 p.m.@capsulesalesman One more snarky remark and I will sent you straight to the county jail. Go file your motion and drop the ego.
Notableants 2024-10-26 02:47 p.m.
Erm
Notableants 2024-10-26 02:47 p.m.
That's not snarky..it’s literally what just happened
Notableants 2024-10-26 02:48 p.m.
You agreed to hear oral argument but now, without reason, you don’t want to consider the motion as properly filed
Notableants 2024-10-26 02:48 p.m.
I want an explanation for that
acerxtro 2024-10-26 02:48 p.m.
Go file your motion. Do not speak in here unless you have another important matter to discuss or until you’ve filed your motion.
Notableants 2024-10-26 02:48 p.m.
Yes. I have an important matter to discuss
acerxtro 2024-10-26 02:49 p.m.
Do not continue your oral arguments on your motion to sanction the other attorney here.
acerxtro 2024-10-26 02:49 p.m.
Go file your motion.
Notableants 2024-10-26 02:49 p.m.
Why has this Court felt it prudent to wait several days to inform me that it would not consider my motion despite having ample opportunity to do so?(edited)
Notableants 2024-10-26 02:49 p.m.
Its oversight has resulted in a delay to the administration of justice, and, thus, I believe I am entitled to a response.(edited)
acerxtro 2024-10-26 02:51 p.m.
Go file your motion, counselor. I do not want to hear another complaint until you’ve filed.
Notableants 2024-10-26 02:51 p.m.
Okay. My other question is why this Court feels it prudent to enforce arbitrary and unpublished rules upon only me and my client.
Notableants 2024-10-26 02:52 p.m.
To my knowledge, this Court's rules of procedure do not prohibit oral motions like the one I made.
acerxtro 2024-10-26 02:52 p.m.
Your motion shall be filed on paper because that is what I want you to do. The other attorney has not made any substantial oral motions, or I would have told him to do the same.
NotableantsWhy has this Court felt it prudent to wait several days to inform me that it would not consider my motion despite having ample opportunity to do so?(edited)
Notableants 2024-10-26 02:53 p.m.
Okay. Do you mind responding to this?
acerxtro 2024-10-26 02:54 p.m.
Not until you do at least one thing that I’ve asked you to do.
Notableants 2024-10-26 02:54 p.m.
I would just like Your Honor’s full rationale on the record for my own sanity.
acerxtroNot until you do at least one thing that I’ve asked you to do.
Notableants 2024-10-26 02:54 p.m.
Excuse me; my filing of a motion is not requisite to you providing a response.
Notableants 2024-10-26 02:54 p.m.
My staff have already been instructed to draft the motion. It won’t happen instantly.
acerxtro 2024-10-26 02:55 p.m.
Ok then stop arguing here until that motion is filed in filing-center
acerxtro 2024-10-26 02:55 p.m.
Include EVERYTHING inside of your motion
acerxtro 2024-10-26 02:56 p.m.
If you forget to argue something and the motion is subsequently denied because of it, that is not on me
NotableantsWhy has this Court felt it prudent to wait several days to inform me that it would not consider my motion despite having ample opportunity to do so?(edited)
Notableants 2024-10-26 02:57 p.m.
bump
acerxtro 2024-10-26 02:59 p.m.@š✰ Once the defense’s motion is filed, you will have the opportunity to respond to their motion for your sanctions. Only after the motion for sanctions is heard will we move onto the motion for default.
Notableants 2024-10-26 03:00 p.m.
I don't see a motion for default filed
Notableants 2024-10-26 03:01 p.m.
Please stop litigating for him
acerxtro 2024-10-26 03:01 p.m. 
acerxtro 2024-10-26 03:01 p.m.
Unless this is the outdated one
Notableants 2024-10-26 03:01 p.m.
That was after you invalidated service
acerxtro 2024-10-26 03:01 p.m.
Cool
Notableants 2024-10-26 03:02 p.m.
There is no pending motion for default nor should there be one given I have demonstrated a meritorious defense and an inclination to present it within a reasonable timeframe
acerxtroacerxtro 2024-10-26 03:02 p.m.
Scratch the last part of this then. No motion for default has been received.
Notableants 2024-10-26 03:02 p.m.
Not to mention my request to extend the deadline until the disposition of my motion has been ignored and ignored and ignored(edited)
acerxtro 2024-10-26 03:03 p.m.
Do you know why it was overlooked
Notableants 2024-10-26 03:04 p.m.
No clue
acerxtro 2024-10-26 03:04 p.m.
Because it was right next to walls of arguments, which you also pinged me in
Notableants 2024-10-26 03:04 p.m.
Erm but then I reminded you of it no less than three times
acerxtro 2024-10-26 03:04 p.m.
The best way to file a motion in this court is via paper, for that reason
Notableants 2024-10-26 03:04 p.m.
Also parsing a wall of text is quite literally your job
Notableants 2024-10-26 03:05 p.m.
I hold no grudges, only a wish for my request to be heard
acerxtro 2024-10-26 03:05 p.m.
I’ll give you the benefit of the doubt, you have
Notableants 2024-10-26 03:05 p.m.
I have what
acerxtro 2024-10-26 03:05 p.m.
2 days? To file a response to the CC(edited)
Notableants 2024-10-26 03:05 p.m.
Uh that’s not what I asked for
Notableantsacerxtro 2024-10-26 03:06 p.m.
Sure I’ll grant this
Notableants 2024-10-26 03:06 p.m.
Great thx
acerxtro 2024-10-26 03:06 p.m.
The response will be due 2 days after the ruling on your motion for sanctions is MADE(edited)
Notableants 2024-10-26 03:06 p.m.
Oh so it will be granted 
acerxtro 2024-10-26 03:07 p.m.
Ugh
acerxtroThe response will be due 2 days after the ruling on your motion for sanctions is MADE(edited)
acerxtro 2024-10-26 03:07 p.m.
Edited.. @capsulesalesman
Notableants 2024-10-26 03:08 p.m.
What will we do with you?..
acerxtro 2024-10-26 03:11 p.m.
Have the courts give me a raise.
Notableants 2024-10-26 03:12 p.m.
definitely not after reading this transcript
Notableants 2024-10-26 03:14 p.m.
anyway I have some studying to do for an upcoming midterm and then I'll draft motion
NotableantsYour Honor, my client moves for sanctions against opposing counsel for acting in a manner that is unbecoming of an attorney. On October 18, 2024, Mr. Sawyeriez approached my client...(edited)
acerxtro 2024-10-26 03:46 p.m.@capsulesalesman The only way I'd retract the previous requirement for you to submit a .pdf motion is if this message (and the small one right below it) contain all of your arguments that you'd like me to rule on
acerxtroNotableants 2024-10-26 03:55 p.m.
The power of a trial court to enter a judgment enforcing a settlement agreement has its basis in the policy favoring the settlement of disputes and the avoidance of costly and time-consuming litigation. See Massachusetts Casualty Insurance Co. v. Forman , 469 F.2d 259, 261 (5th Cir. 1972); D. H. Overmyer Co. v. Loflin , 440 F.2d 1213, 1215 (5th Cir.), cert. denied, 404 U.S. 851, 92 S.Ct. 87, 30 L.Ed.2d 90 (1971); Autera v. Robinson , 136 U.S.App.D.C. 216, 419 F.2d 1197, 1199 (1969)
To effectuate this policy, the power of a trial court to enforce a settlement agreement has been upheld even where the agreement has not been arrived at in the presence of the court nor reduced to writing.See Green v. John H. Lewis Co. , 436 F.2d 389, 390 (3d Cir. 1970); Good v. Pennsylvania R. R. Co. , 384 F.2d 989, 990 (3d Cir. 1967); Main Line Theatres, Inc. v. Paramount Film Distributing Corp. , 298 F.2d 801 (3d Cir.), cert. denied, 370 U.S. 939, 82 S.Ct. 1585, 8 L.Ed.2d 807 (1962).
"[S]ummary enforcement of a settlement agreement may very well promote the above policy in cases where there exists no substantial dispute as to the entry into, or the terms of, the agreement." Kukla v. National Distillers Products Company , 483 F.2d 619, 621 (6th Cir. 1973) (emphasis added)
I'll note that the Plaintiff has not disputed the existence settlement agreement, its terms, etc.
To effectuate this policy, the power of a trial court to enforce a settlement agreement has been upheld even where the agreement has not been arrived at in the presence of the court nor reduced to writing.
I'll note that the Plaintiff has not disputed the existence settlement agreement, its terms, etc.
acerxtroNotableants 2024-10-26 03:55 p.m.
I'm not sure why you conducted oral argument just to not include those arguments in consideration
Notableants 2024-10-26 03:55 p.m.
so uh how about everything in those two messages and beyond
acerxtro 2024-10-26 03:55 p.m.
I will include those
Notableants 2024-10-26 03:55 p.m.
and we are golden
acerxtro 2024-10-26 03:55 p.m.
sigh
Notableants 2024-10-26 03:55 p.m.
great then we are GOLDEN
Notableants 2024-10-26 03:55 p.m.
as a goose egg
acerxtro 2024-10-26 03:56 p.m.
Ok but here is my main concern
Notableants 2024-10-26 03:56 p.m.
yes?
NotableantsClick to see attachment.
acerxtro 2024-10-26 03:56 p.m.
first, verbal contracts are contracts
acerxtro 2024-10-26 03:56 p.m.
the court is not stupid
Notableants 2024-10-26 03:56 p.m.
sure is
Notableants 2024-10-26 03:56 p.m.
i mean sure is as in not that the court is stupid
acerxtro 2024-10-26 03:56 p.m.
affirm
Notableants 2024-10-26 03:56 p.m.
but that verbal contracts are contracts
Notableants 2024-10-26 03:56 p.m.
sorry for the confusion
acerxtro 2024-10-26 03:57 p.m.
But is the contract you're referring to where the plaintiff's counsel agreed to write a draft of the consent judgment
Notableantsbut that verbal contracts are contracts
acerxtro 2024-10-26 03:57 p.m.
yeah just wanted to make sure that was noted
Notableants 2024-10-26 03:58 p.m.
he offered "Liability, 17.5k" in return for the requested settlement. only once we agreed did he say he would draft
acerxtro 2024-10-26 03:58 p.m.
What was said before that message
acerxtro 2024-10-26 03:58 p.m.
just to ensure it's not out of context(edited)
Notableants 2024-10-26 03:59 p.m.
i believe i offered this court the opportunity to conduct an in camera review
Notableants 2024-10-26 03:59 p.m.
my only hesitancy is exposing my client's financials to the public record without his consent
Notableantsi believe i offered this court the opportunity to conduct an in camera review
acerxtro 2024-10-26 03:59 p.m.
Standby
acerxtro 2024-10-26 04:00 p.m.<#1299824801321586749>
acerxtro 2024-10-26 04:02 p.m.
OK so
Notableants 2024-10-26 04:03 p.m.@Deleted User your bill from my office should be arriving at your apartment soon
Notableants 2024-10-26 04:03 p.m.
it's for 80 or so thousand
acerxtro 2024-10-26 04:03 p.m.
My main concern was in assuming that the plaintiff's counsel stating that they were going to make a draft, would be considered a contract
acerxtro 2024-10-26 04:03 p.m.
and that them not making a draft was a breach of contract
NotableantsDeleted User 2024-10-26 04:03 p.m.
Understood
acerxtro 2024-10-26 04:04 p.m.
but that is not the case here
Notableants 2024-10-26 04:04 p.m.
indubitably
acerxtro 2024-10-26 04:05 p.m.
from <#1299824801321586749>
acerxtro 2024-10-26 04:05 p.m.
This is the contract we are talking about
acerxtro 2024-10-26 04:05 p.m.
correct? @capsulesalesman
Notableants 2024-10-26 04:05 p.m.
correct
acerxtro 2024-10-26 04:05 p.m.
Ok and I believe all components of the contract are met
Notableants 2024-10-26 04:06 p.m.
i would concur
acerxtro 2024-10-26 04:06 p.m.@capsulesalesman Was the reason you didn't make a response to the civil complaint
acerxtro 2024-10-26 04:06 p.m.
because you believed the settlement would happen
acerxtro 2024-10-26 04:07 p.m.
sorry, consent judgment
NotableantsNotableants 2024-10-26 04:07 p.m.
indeed. on october 18, I told this court I expected the plaintiff to file a consent judgment, as they were contractually obligated to do.
Notableants 2024-10-26 04:07 p.m.
such a consent judgment would remove the need for a response to the complaint
Notableants 2024-10-26 04:08 p.m.
FURTHER, once the settlement was illicitly "withdrawn," I refrained from filing a response in the hopes that this Court's ruling on the pending motion for sanctions would shine light on whether or not an affirmative defense existed regarding the settlement(edited)
acerxtro 2024-10-26 04:11 p.m.
Ok
acerxtro 2024-10-26 04:13 p.m.
I see no reason to not enforce the consent judgment @capsulesalesman
acerxtro 2024-10-26 04:13 p.m.
What all is requested for sanctions
acerxtroWhat all is requested for sanctions
Notableants 2024-10-26 04:23 p.m.
I am requesting:
- a finding of this Court that an enforceable settlement agreement exists and bars the Plaintiff's claims from being tried (the "Settlement Agreement");
- a finding of this Court that opposing counsel knew of the Settlement Agreement and nonetheless attempted to (in his words) "continue to trial;"
- a finding of this Court that opposing counsel's actions have unduly burdened the judicial economy and finances of my client; and
- an order requiring opposing counsel to compensate my client for all legal fees incurred arising from the litigation caused by opposing counsel's actions related to the Settlement Agreement.
- a finding of this Court that an enforceable settlement agreement exists and bars the Plaintiff's claims from being tried (the "Settlement Agreement");
- a finding of this Court that opposing counsel knew of the Settlement Agreement and nonetheless attempted to (in his words) "continue to trial;"
- a finding of this Court that opposing counsel's actions have unduly burdened the judicial economy and finances of my client; and
- an order requiring opposing counsel to compensate my client for all legal fees incurred arising from the litigation caused by opposing counsel's actions related to the Settlement Agreement.
Notableants 2024-10-26 04:24 p.m.
If this Court needs the case law on imposing attorney fees as a sanction, lmk
acerxtro 2024-10-26 04:34 p.m.
No need
acerxtro 2024-10-26 04:35 p.m.
You are representing your client on behalf of a firm, correct? @capsulesalesman
acerxtroYou are representing your client on behalf of a firm, correct? @capsulesalesman
Notableants 2024-10-26 04:37 p.m.
im a member of an unorganized group of attorneys funded by the DonaldMc's Legal Defense Fund(edited)
Notableants 2024-10-26 04:38 p.m.
my client, @Deleted User , is represented by me, a sole practitioner
Notableantsim a member of an unorganized group of attorneys funded by the DonaldMc's Legal Defense Fund(edited)
acerxtro 2024-10-26 04:38 p.m.
Okay, can you come up with an amount for legal fees
acerxtro 2024-10-26 04:39 p.m.
just so I don't order the plaintiff's counsel to pay "legal fees" and some insane amount of money is charged
Notableants 2024-10-26 04:41 p.m.
it sums to approx. 20k
Notableants 2024-10-26 04:41 p.m.
my fees are very expensive, but nonetheless proportional to the size of my brain
Notableantsit sums to approx. 20k
acerxtro 2024-10-26 04:42 p.m.
Can you return an itemized copy
acerxtro 2024-10-26 04:43 p.m.
of the fees
acerxtroCan you return an itemized copy
Notableants 2024-10-26 04:50 p.m. 
acerxtro 2024-10-26 04:51 p.m.
$5,000/hr for a strategy meeting?
Notableants 2024-10-26 04:51 p.m.
you'll note that in clark an amazon driver makes like 50k an hour or something
Notableants 2024-10-26 04:51 p.m.
so in comparison im poor
acerxtro 2024-10-26 04:52 p.m.
ok that's pretty fair
Notableants 2024-10-26 04:53 p.m.
cost of living just keeps goin up with these damn liberals
sdwf 2024-10-26 05:19 p.m.
rookie numbers
acerxtro 2024-10-26 05:38 p.m.
# RULING
https://discord.com/channels/1274202187911790632/1279836211703447614/1299849560163745802
@capsulesalesman @š✰ @sdwf @Deleted User (edited)
https://discord.com/channels/1274202187911790632/1279836211703447614/1299849560163745802
sdwf 2024-10-26 05:40 p.m.
I dont think I have 20k
sdwf 2024-10-26 05:41 p.m.
Its G tho
Notableants 2024-10-26 05:42 p.m.@š✰ ping me with any motion to reconsider and/or appeal
sdwfI dont think I have 20k
acerxtro 2024-10-26 06:34 p.m.
how did this happen
acerxtrohow did this happen
sdwf 2024-10-26 06:42 p.m.
Gambling debts
sdwfGambling debts
acerxtro 2024-10-26 06:51 p.m.
how do you even
acerxtro 2024-10-26 06:51 p.m.
okay
Deleted User 2024-10-26 09:20 p.m.
For the record I feel very sorry for Wh_lls for his financial trouble.
Deleted User 2024-10-26 09:21 p.m.
However I think the amount asked of you is very reasonable and achievable through simple grinding
sdwf 2024-10-27 07:18 a.m.
i dont need your money anymore i can just ask and get more without doing anything 
sdwf 2024-10-27 07:21 a.m.
instead of grinding for 10 hours to get to 1m i can just get it for free in a few seconds
Deleted User 2024-10-27 10:06 a.m.
That sounds wonderful thank you
Notableants 2024-10-27 01:20 p.m.@š✰ is there anything else that this needs to stay open for or does what we worked out in dms resolve it all
š✰ 2024-10-27 01:20 p.m.
We have this resolved @acerxtro
Notableants 2024-10-27 01:20 p.m.
great, in light of the consent judgment this court is enforcing, i think this can be closed out
Notableantsgreat, in light of the consent judgment this court is enforcing, i think this can be closed out
acerxtro 2024-10-27 02:34 p.m.
Are we still doing all of the court ordered stipulations
@š✰
acerxtroAre we still doing all of the court ordered stipulations @š✰
š✰ 2024-10-27 02:35 p.m.
mhm
acerxtro 2024-10-27 02:36 p.m.
Ok if a problem arises, ping me somewhere and I’ll reopen the case
acerxtro 2024-10-27 02:36 p.m.
I’m not going to keep this channel up as I don’t think either party will violate my court orders
š✰ 2024-10-27 02:36 p.m.
acerxtro 2024-10-27 02:36 p.m.@shah this one, yes
acerxtro 2024-10-27 02:37 p.m.
shah 2024-10-27 02:37 p.m.
Exported 270 messages